The simple 5 step process to a software escrow

1) Set the terms of the Software Escrow

During the initial setup of a software escrow key aspects of the agreement need to be discussed and agreed upon. When should the escrow materials be released? What can the licensee do with the escrow materials once they are released? How often will the materials be updated? What testing should be conducted on the materials?

2) Delivery of source code and other materials

After the software escrow is setup, the escrow materials should be promptly delivered to EscrowTech. These materials should contain, but are not limited to: source code, documentation and any other important materials required to get the software running in the event of a release. Here is our suggested list of escrow materials.

3) Source code and other materials are securely held awaiting release conditions to occur

Once EscrowTech has recieved the source code and other materials, we will store it safely in our secure escrow vaults awaiting a mutually agreed upon release condition to occur. These release conditions are often bankruptcy or failure to maintain the software.

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Why does a software escrow and source code escrow matter?

When negotiating a software license at one point a prudent licensee will ask, "What happens if the software vendor goes out of business?" What usually follows is a request to access the source code and any other critical materials used to maintain the software.

From the software vendor's perspective, giving the licensee access to the source code and other confidential materials is a risk to its business. How does the software vendor know the licensee will keep the source code safe and secret and will not prematurely use it? What if dozens of licensees demand the source code?

From the licensee's perspective, not having access to the source code and other materials needed to maintain and update the software is a risk to its business. How will the licensee continue to use and maintain software, it heavily depends on, if the software vendor goes out of business, fails to meet its obligations or any other number of unforeseen events?

Benefits -
Software Vendor

Smoother negotiations

Establishes confidence by addressing the concerns of the prospective licensees (those concerns may be unspoken)

Safe storage of source code and other materials with one company instead of scattered across multiple customers

Benefits -
Licensee

The ability and legal right to maintain, update and enhance mission critical software

Reduced chance of significant interruption of, or damage to, its business

Eliminate concerns regarding the software vendor's capabilities

Business continuity

Doing Software Escrows Right Whitepaper

Learn about the problems and solutions that exist with software escrows

synchronizes with code repositories

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Testimonials

What Customers Say

Thanks EscrowTech for over eight years of outstanding service. You have always been willing to go the extra mile for all the parties, but always keep the legal rights of the parties protected. EscrowTech has taken a software requirement which sometimes can be painful and made it a simple process. Keep up the good work.

AttorneyItron, Inc.

Our experience of EscrowTech over the past 12 years has been a one of complete satisfaction. They are competent, affordable, responsive, and treat you personally in a professional and caring manner. They continue to make it easier to update registration materials, and follow up quickly with our clients whenever a new deposit is uploaded. A great, reliable experience.

PresidentLyons Information Systems, Inc.

Thanks for all the help. I appreciate how easy and accommodating it was to set up our escrow agreement. I look forward to future business